Posted on 08/12/2023 8:47:16 AM PDT by Signalman
Attorney General Merrick Garland's appointment of Delaware U.S. Attorney David Weiss to serve as special counsel in the Hunter Biden criminal probe is raising alarm with some legal experts who say it explicitly violates the Justice Department's regulations requiring such appointments come from outside the agency.
That regulation states: "An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government."
Harvard law professor emeritus Alan Dershowitz told the Just the News, No Noise television show Friday night he believed it was a mistake for Garland to name the current Delaware U.S. attorney, both because he was from inside the government and had approved an earlier plea deal for Hunter Biden that spared the first son from prison but was rejected by the trial judge and panned by many as too lenient.
"Someone else, without a doubt, would have followed the regulations of the department, which [is to] say that the person has to be from outside the government," Dershowitz said. "I surely wouldn't have appointed a man from Delaware, where there's a lot of homecooking that goes on -- the Bidens live in Delaware -- who made a sweetheart deal that I predicted on your show would not be accepted. And he's going to want to justify that sweetheart deal. So he's not going to want to admit that he did anything wrong."
Others agreed.
"I see this as a farce, more cover up and corruption by Merrick Garland, and he's covering his own behind," Fox News legal analyst Gregg Jarrett said on The Sean Hannity Show. "I mean, the Attorney General is not allowed to appoint David Weiss as Special Counsel under federal regulations, and I have them right here in front of me, CFR 600.3. The Attorney General can only appoint somebody, quote, 'outside' the government."
Weiss, the U.S. Attorney for the District of Delaware, has been pursuing an investigation into Hunter Biden for four years, according to the orders released Friday night that appointed him. His probe has allegedly been hindered by political interference, according to two IRS agents who came forward as whistleblowers. Supervisory Special Agent Gary Shapley and Special Agent Joseph Ziegler testified that Weiss was hamstrung from bringing charges against the first son due to the interference of two U.S. attorneys where he sought to bring the charges..
The whistleblowers contended that Washington D.C. U.S. Attorney Mathew Graves's opposition to the charges prevented Weiss from being able to bring charges before the statute of limitations expired. Weiss, they say, subsequently sought special counsel status to bring the charges anyway, but Garland allegedly rejected that request. In recent letters to Congress, Weiss has disputed that testimony, which undercut Garland's claims the Delaware prosecutor had the power to bring any changes anywhere he wanted.
"If it's in another district, he would have to bring the case in another district," Garland said in a June Senate hearing in response to questions about Weiss's charging authority. "But as I said, I promise to ensure that he's able to carry out his investigation and that he'd be able to run it. And if he needs to bring it in another jurisdiction, he will have full authority to do that."
Former federal prosecutor and Trump adviser Kash Patel said on "Just the News, No Noise" Friday that "[T]he Special Counsel is supposed to be an outsider, not brought in from within DOJ, and especially not the guy who has a conflict of interest in investigating the target, Hunter Biden, when he gave him an illegal, unconstitutional plea deal... How can that man be conflict-free, which is what the regulation requires at DOJ? They've put a conflict czar in there to cover up [FBI Director Christopher] Wray and Garland's unlawful activities."
Weiss's appointment marks the second possible violation of this guideline in recent years. In October 2020, then-Attorney General William Barr tapped then-Connecticut U.S. Attorney John Durham to serve as special counsel while investigating the origins of the now-debunked Trump-Russia collusion narrative.
Former U.S. Attorney for the Eastern District of Arkansas Bud Cummins told Just the News on Friday, "The requirement to appoint an attorney from outside of government appears so clear that one must suppose DOJ has conjured some way to work around it in the cases of both Durham and Weiss."
"It really looks like an assignment under 600.2(c) where you really don't appoint an independent special counsel, you use the same players but just make a few internal adjustments about supervision and reporting ('appropriate steps be taken to mitigate any conflicts of interest, such as recusal of particular officials.') If that's the case, calling him a 'Special Counsel' is inaccurate and deceptive," Cummins added.
Cummins also described the Weiss appointment as "Lipstick on a pig.' Weiss is a politicized prosecutor who has already demonstrated he is a disgrace to the authorities entrusted to him. Suggesting he has magically been transformed into an independent actor is a ridiculous sham. He is literally the reason a Special Counsel should have been assigned years ago. At this point the serious charges cannot be brought due to Weiss's intentional lack of initiative. The only thing gained now by pretending he wears a new hat is to throw a blanket of silence over the whole affair until Thanksgiving 2024."
this corrupt regime does not concern itself with the rule of law
you might as well ask the mafia to play by the rules
I’m wondering if going to a Special Counsel will allow for a change of venue, away from the court that rejected the plea deal. Biden’s lapdog AG Merrick Garland should be impeached for Obstruction of Justice, even before Biden.
It’s what tyrannical governments do.
Merrick needs to recuse himself. He works for Jo Jo the clown. How can he appoint the clown who is supposed to put Hunter in prison? Look at how wonderful the RATSPutin Smith thing worked out. Merrick works for Biden and his pal Smitty is trying to put Bidenskyyyy’s political opponent in prison. Like all of the Feral “courts”, the Attorney General sh*t just doesn’t work anymore. Too corrupt.
Using democrat logic I’m going to get a coyote to guard my chickens
agree
Biden and all his cabinet members should be impeached and removed. All have violated the Constitution and/or failed to uphold the duties of their elected or appointed position. Garland, Mayorkis, Wray, Granholm, etc are all either corrupt, inept, or both.
Harris should be removed based upon her cackle and obsession with Venn diagrams and yellow electric school buses alone.
Same for Jack Smith.
Can Trump sue the DOJ and get Smith removed?
Who, other than a Biden, would have standing to sue to remove Weiss?
Are these “laws” or just squishy guidelines?
Defensive lawfare.
Apparently that provision is not considered a deterrent to appointing special counsels. John Durham’s appointment for an example.
https://www.justice.gov/d9/fieldable-panel-panes/basic-panes/attachments/2021/02/26/durham.order_.pdf
Regulations are for others.
In a fascist system, no regulations apply to fascists.
The fact that Weiss colluded with Hunter's defense counsel to pull one over on the judge to sneak in a permanent, laminated, pera-plaque Get Out of Jail Free Card for Hunter for the crest of his nature life should invalidate Weiss from a y consideration as Special Counsel by the very definition above (emphasis added).
Where is the scoping letter for Weiss? What does Garland want Weiss to do, and what are the third-rail topics Weiss is not to touch...?....other than to look the other way regarding the Biden Family Crime Syndicate.
They don’t have very many people to choose from to be a Biden special counsel. Hunter don’t have that many friends.
If there is any doubt about this, just consider the oddness of garland’s presser.
He was stiff like a robot, spoke his piece, and then abruptly departed, without questions.
That was a schmuck being forced to be there, knowing how guilty he is.
“this corrupt regime does not concern itself with the rule of law”
Exactly, and this is a prime example of it.
They know it.
So?
They seem to make up laws and regulations when needed and ignore laws and regulations when possible.
Why let a little ole DOJ regulation stand in the way?
We used to be a nation of laws, but that ‘social contract’ was broken by the leftist infiltrators in high offices.
Nevermind DOJ policies.
It VIOLATES FEDERAL LAW!!!!
This is the Federal Law, not some DOJ policy:
28 CFR § 600.3
Ҥ 600.3 Qualifications of the Special Counsel.
(a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions will be supported by an informed understanding of the criminal law and Department of Justice policies. The Special Counsel shall be selected from outside the United States Government. Special Counsels shall agree that their responsibilities as Special Counsel shall take first precedence in their professional lives, and that it may be necessary to devote their full time to the investigation, depending on its complexity and the stage of the investigation.
(b) The Attorney General shall consult with the Assistant Attorney General for Administration to ensure an appropriate method of appointment, and to ensure...”
“The Special Counsel shall be selected from outside the United States Government.”
Not, “May be,” as the talkingpoints say.
“SHALL BE.”
Supreme Court already ruled “Shall be” means MANDATORY.
GARLAND BROKE THE LAW!!!
28 CFR § 600.3
“.....lawyer with a reputation for integrity and impartial decision making,....”
Isn’t that a little oxymoronic?
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